This is to confirm that Au Pair in America takes the security and privacy of our customers very seriously.
Au Pair in America is a trading name of the [American Institute for Foreign Study, Inc, (AIFS US), which is in a Group with the American Institute for Foreign Studies (UK) Limited (AIFS UK).]
This Policy sets out the basis on which AIFS US and AIFS UK (we / us / AIFS) process and share personal data we receive. In order to provide the Au Pair in America services to you we need to collect, use and share personal information about you, and we need to be able to share your personal information with entities in the European Economic Area ("EEA"), and the United States of America. Please read this Policy carefully (in particular in relation to our use of Sensitive Personal Data) and contact us if you have any comments, concerns or queries.
We strive to conform with UK and European Data Protection laws and as such we comply with the provisions of the Data Protection Act 1998 (DPA) and the BBBOnline (Better Business Bureau Online) Privacy Program.
In the UK, for the purposes of the DPA, the Data Controller is AIFS UK of 37 Queen's Gate, London, SW7 5HR. AIFS UK is registered on the UK Data Protection Register with number Z6393161.
We will only collect, process or retain any personal information about you, or share such information with third parties, where it is necessary for us to do so in order to provide our services to you, where we have your consent or where we have any other legal basis to do so.
We conform to the requirements of the English & Scottish Criminal Record Bureau and once information is no longer required by us for the purposes of placing people on J1 programs in the United States, or informing you of other AIFS programs, any information that we do hold either electronically or on paper is destroyed in secure circumstances.
Our privacy policies will be over ridden when the safety and welfare of the children are at stake. We give the highest possible priority to the safety and welfare of children and will in all circumstances cooperate with police and government authorities in combating any and every attempt to harm, or pursue sexual relations with, minors.
WHEN PERMITTED BY LAW AU PAIR IN AMERICA AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST OR STOLEN DATA AND THE FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY ARISE FROM SUCH AN OCCURANCE.
IN ALL CASES AU PAIR IN AMERICA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
information we may collect ABOUT you
If you apply to us to be placed on one of our Au Pair in America programs (Program), we may collect the following information about you at various stages throughout the application and placement process, and during and after the time you are registered on such Program, which we will use and retain for the purposes set out in this Policy:
- The information contained in your enrolment form when applying to be placed in a Program, such as your name, address, email address, telephone number, date of birth, gender, national insurance or social security number, photograph, nationality and country of residence, racial or ethnic origin*, next of kin details and your signature;
- The information contained in your Disclosure and Barring Services (DBS) form, medical check documentation, embassy and immigration documentation and insurance documentation or any information which is derived from third parties to which this documentation is submitted, and which may include details of your medical history and condition (including any disabilities)*, the commission or alleged commission by you of any offence* and your immigration status;
- Information received from third parties in relation to your application and continued placement on and participation in a Program, including law enforcement agencies, governmental authorities, insurance companies, embassies, child protection authorities and referees;
- Copies of your passport, driving licence and/or other identity documents;
- Photographs and videos taken of you and uploaded to the Au Pair in America website or taken at Au Pair in America events or whilst you are on placement to be used for marketing purposes;
- Any comments made by you about the Program for publication on the Au Pair in America website or for any other marketing purposes;
- Correspondence you have with us;
- Bank and other financial details;
- Funding and fee related information;
- Complaints that you make, or relating to complaints that others make that involve you;
- Information that enables us to keep in touch with you as an alumni of our Program or otherwise run alumni communications (you would have the right to opt out of these);
- Other information that we may be given or provided by you or by third parties in connection with your involvement in a Program.
*This is “sensitive” personal data, as defined in the DPA. Please see the section on Sensitive Personal Data below for information on how we treat this data. We also collect and use information collected about you through using cookies. Please see our separate Cookies Policy for information on this, which can be found here [http://www.aupairamerica.co.uk/cookie-policy].
To enable us to comply with the DPA and keep accurate information about you, you agree to only provide us with accurate and up to date information and to notify us of any changes to your contact details and circumstances including, but not limited to, any changes whilst you are placed with a host family and/or if you intend to leave the Program.
HOW do we use personal information?
We will use your personal information in order to provide our products and services to you. We will only share your information with third parties in accordance with this Policy and any personal information collected about you will be stored securely. We respect the principle under the DPA that personal data should not be kept longer than is necessary for the purpose for which it is kept. We therefore take measures to ensure that your personal data is destroyed or erased from our systems when it is no longer required.
We may use the information we hold about you for some or all of the following purposes:
- Provide the Au Pair in America and AIFS products and services to you;
- Correspondence with you in connection with your application and/or your placement on a Program, whilst you are on placement and after you have left;
- Correspondence with you about other goods and services of AIFS that may be of interest to you;
- To notify you of any changes to our products and services;
- Performing background checks on you, including but not limited to DBS and medical checks;
- Booking and securing of services in conjunction with a Program, including but not limited to travel, accommodation and insurance;
- In relation to any support we may provide in respect of your visa and immigration applications;
- Providing you with information for administration, health and safety, welfare and security reasons;
- Payment of costs, fees and expenses associated with your placement on a Program;
- Arranging your repatriation;
- Confirming and/or obtaining references on your behalf;
- Marketing purposes;
- Crime prevention and prosecution of offenders;
- Complying with any border control checks;
- Co-operation with law enforcement and any border control authorities;
- Running an alumni programme.
Where we engage third party contractors (e.g. airlines, embassies etc) to perform services for us, we may need to disclose your personal information to those third party contractors in order to facilitate the provision of our services to you. Under these circumstances, we take steps in compliance with the DPA to ensure that those third party contractors who process personal data on our behalf do so in a way which safeguards the information, and ensures that it is only used and is processed in accordance with the DPA.
We will not disclose your personal information to any third parties unless we have your consent or we have a legal basis to do so (for example to progress our legitimate interests or to fulfil a contract we have with you) or disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
We may share information about you with the following parties:
- Third parties for confirming the accuracy of the information you provide to us as part of your application and during your placement on a Program;
- Our employees, agents or contractors who need your information for administrative purposes associated with securing and managing your placement on a Program;
- Third parties associated with performing background checks, including but not limited to the DBS, medical practitioners and immigration authorities;
- Third parties and agents for the booking and securing of services with third party suppliers in conjunction with your attendance on a Program, including but not limited to travel, accommodation and insurance;
- Governmental departments associated with accrediting us to provide the products and services to you;
- Police check authorities in order to apply for police checks and, when obliged to, make referrals to disclosure and barring authorities;
- Any border control agencies, embassies, the Foreign Office and other third parties concerning the application and granting of visas;
- Host families and prospective host families with which you may be matched for the purposes of the Program;
- Financial and payment providers to facilitate the payment of costs and fees to suppliers, applicants and other third parties and the receipt of monies from applicants and other third parties;
- Third parties engaged to monitor and report on your performance whilst placed on a Program by us and to deal with any complaints, issues or disciplinary matters;
- Referees provided by you;
- Your next of kin should you be hospitalised, taken ill or for any other issue of significant concern whilst you are on a Program;
- Third parties (including emergency services) if it is necessary to protect the vital interests of you or others;
- Third parties when required or appropriate for us to do so (for example if you commit a criminal offence or are a witness to any commission of an offence). We may need to provide information to any border control agencies, governmental authorities, law enforcement agencies, the police and child protection agencies and in some circumstances we may be required to disclose information relating to you in response to third party requests made to us under the DPA);
- Insurance mediators, brokers and insurance companies in order to arrange medical and/or other insurance coverage;
- Our insurers and legal and professional advisors.
SENSITIVE PERSONAL DATA
Some of your personal data processed by us may be classified as "sensitive" under the DPA. This may include your racial or ethnic origin, any disabilities and any associated medical conditions that you have chosen to declare to us. It also includes any criminal convictions you may hold either before or during the time you are placed on a Program, and the commission or alleged commission by you of any offences during the time you are placed on a Program.
We may also collect sensitive information from you in relation to any applications you submit for a Program, any immigration, DBS or medical checks required as part of your application, and whilst on a Program, and for any complaints or disciplinary cases. Sensitive personal information about you may also be provided to us in some circumstances by others (for example, host families who may be concerned about you).
If you disclose sensitive personal information to us, we will use that information for the purpose(s) given to you at the time the information was collected. We will also collect and use your sensitive personal information where there is a legal basis to do so without your consent (such as for protection of your or another’s vital interests or to comply with court or law enforcement orders compelling disclosure).
- use information you provide to us relating to a medical condition, disability or special needs you may have for the purposes of evaluating what if the Program is suitable for you (and your admission to the Program) including to consider if any may be required by you, or whether you may be required to obtain additional insurance to participate in a Program, and to share this information with our employees, host families with whom you may be placed and third parties who are directly involved in the enrollment process or the provision of our services to you.
- use information relating to any criminal conviction you may have for the purposes of evaluating your admission to a Program, or for evaluating whether to allow you to continue on a Program, and to share this information with host families and third parties for such purposes.
We will only share your sensitive personal data with other third parties without your consent if we have a legal basis to do so.
Other disclosures of sensitive personal data without your consent will be rare and include circumstances where it is vital to protect the interests of you or others (for example, where you or another person is perceived to be at significant risk, particularly in the case of children), it is necessary for the prevention of fraud or the exercise of legal rights or if we are under a legal obligation.
On-line applications for some of our Programs may request personal and financial information. Required fields are indicated and acceptance to a Program will depend on this information. We have a secure server to handle credit card information and have implemented appropriate physical, electronic and managerial security procedures in order to protect personal information from loss, misuse, alteration or destruction.
SECURITY OF INFORMATION
Personal information collected by us and our websites is stored in secure operating environments that are not available to the public. We will protect your personal information no matter where we process or store your data.
TRANS-BORDER DATA FLOWS
The information that we collect from you may be transferred to, and stored at, a destination both inside and outside the EEA, including the United States of America. This will include the transfer of data between AIFS UK and AIFS US and other overseas operations and relevant entities.
CHANGES TO OUR POLICY
From time to time, it may be necessary for us to review and revise this Policy. We reserve the right to change our Policy at any time and, should this occur, the amendment would be posted on our website. Please check back frequently to see any updates or changes to this Policy.
ACCESS TO YOUR INFORMATION
The DPA gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA. Any access request will be subject to a fee of GBP £10 to meet our costs in providing you with details of the information we hold about you.
STATUS OF THIS POLICY
For some of the uses of your information described above there is a basis under the DPA for us to use the information without your consent. Where this is the case, this notice fulfils our duty to process information fairly, which includes giving you appropriate notice and explanation of the way in which your information will be used.
In particular, where your consent is required, you agree that the information we collect from you may be transferred to, and stored at, a destination outside the EEA, including the United States of America, and to the use of your Sensitive Personal Data as described above.
As explained elsewhere in the Policy, you can request access to any personal information held by us and ask for more information about the basis on which we collect and use that information by writing to our Data Protection Officer (see the “Contacting us” section below for contact details).